West Palm Beach BUI Lawyer

Defending the Rights of Florida Boaters

Having a boat and being on the water is a way of life in South Florida.
With thousands of people boating year-round, the number of BUI arrests
continues to rise. Boating Under the Influence, or BUI, as it is commonly
referred to, is the nautical equivalent to
DUI. Although there are many similarities in the ways BUIs and DUIs are investigated
and prosecuted, there are also some very important differences between the two.

It is not per se illegal to have a couple of drinks and captain a boat.
However, it is illegal to captain a boat while under the influence to
the extent your normal faculties are impaired or have a BAC of greater
than .08. If you have been arrested for BUI, there are penalties associated
with the charge that can affect things like your driver's license
differently. Having an experienced DUI lawyer in West Palm Beach from
Perlet, Shiner, Melchiorre & Walsh, P.A. to defend your boating under
the influence case and guide you through the process is essential.

Differences Between DUI and BUI in Florida

One of the critical differences between
DUI and BUI cases is that law enforcement officers do not need to observe
anything illegal to pull you over in your boat. Florida laws permit law
enforcement officers to pull over a boat to conduct what is known as a
"safety inspection" to check that your boat has all the required
safety equipment. This is important because it gives law enforcement the
legal authority to detain you and your boat, as well as make up-close
observations of everyone and everything on board the vessel without ever
witnessing any law violations.

Another main difference between a BUI and a DUI is the penalty for refusing
to provide a breath sample. Under the
DUI law, refusing a breath sample can result in a driver’s license suspension
or possibly even a misdemeanor criminal charge. Under the BUI law, the
refusal of a breath sample can result in a civil penalty of $500.

If you or someone you know has been arrested for BUI, it is critical that
you speak to an experienced West Palm Beach criminal defense attorney
from Perlet, Shiner, Melchiorre & Walsh, P.A. immediately.

Begin
Your Defense Now

The sooner you contact our firm, the sooner we can begin building your
defense! Call us at
561.349.4856 or fill out the form below to speak to one of our team members.

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What Are the Keys to a Successful BUI Defense?

One of the most important factors for a successful BUI defense is whether
or not field sobriety tests were conducted in your case. Field sobriety
tests are a series of different exercises that law enforcement officers
have you perform so they can attempt to determine if you are impaired.

Common examples of field sobriety tests include:

The walk and turn test

The one-leg stand test

The finger-to-nose test

In BUI cases, there are different field sobriety tests and rules that are
designed specifically for boating under the influence investigations that
officers must be specially trained to administer. Another key investigative
tool that law enforcement officers utilize in BUI cases involves the use
of a breath test. It is common practice that once law enforcement officers
have arrested you for boating under the influence, they will try to convince
or pressure you into agreeing to take a breath test. However, it is important
to keep in mind that
your refusal to take a breath test in a boating under the influence case
will not negatively affect your driver's license.

Signs of Impairment

BUI cases are also unique because some of the so-called "signs of
impairment" that law enforcement officers might observe are really
just the results of a day of boating. The most common signs of alcohol
impairment, like being unsteady on your feet, having a flushed face, or
red and bloodshot eyes are also common side effects of being exposed to
the elements during a long day out on the water.

Strong Defense
You Can Rely On

If you are facing criminal charges, do not put your defense in the hands
of just any attorney. Turn to an aggressive team who will do whatever
it takes to ensure your rights and future are protected.

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Disclaimer

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.